Kinsella Media, LLC (“Kinsella Media”) has certifirusred to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, the “Privacy Shield Frameworks”) with the U.S. Department of Commerce regarding the collection, use, retention and transfer of Personal Data (as defined below) from European Union (“EU”) member countries and Switzerland. (Kinsella Media’s parent company, Exela Technologies, also maintains certification to the EU-U.S. Privacy Shield Framework.) Kinsella Media commits to adhering to the Privacy Shields’ Principles (as set out in each of the Privacy Shield Framework) for all Personal Data received by Kinsella Media from EU member countries and Switzerland in reliance on the respective Privacy Shield Framework. If there is any conflict between the policies in this Kinsella Media Privacy Shield Policy (“Privacy Shield Policy”) and the Privacy Shield Frameworks, the Privacy Shield Frameworks shall govern. To view a list of organizations that participate in the Privacy Shield including Kinsella Media, please visit https://www.privacyshield.gov/.

A. Definitions

“Individual”means an individual with respect to whom any given Personal Data covered by this Privacy Shield Policy refers.

“Personal Data” means information relating to an individual residing in the EU or Switzerland that can be used to identify that individual either on its own or in combination with other readily available information. Such information includes names, addresses, email addresses, phone numbers, birthdates, social security numbers, tax identification numbers, national insurance numbers and financial account numbers.

This Privacy Shield Policy applies to Personal Data transferred from EU member countries and Switzerland to Kinsella Media’s operations in the U.S. in reliance on the respective Privacy Shield Framework.

C. Privacy Shield Principles

1. Notice

Through its Privacy Policy, Kinsella Media notifies Individuals covered by this Privacy Shield Policy about its practices regarding its collection and use of Personal Data received by Kinsella Media from EU member countries and Switzerland in reliance on the respective Privacy Shield Framework, including the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Individuals to access their Personal Data. To the extent permitted by each Privacy Shield Framework, Kinsella Media reserves the right to use, process and transfer Personal Data in the course of providing services without the knowledge of applicable Individuals.

2. Choice

Except to the extent permitted by each Privacy Shield Framework, if Personal Data covered by this Privacy Shield Policy is to be used or disclosed for a purpose that is materially different from the purpose for which the Personal Data was originally authorized to be used or disclosed, or will be disclosed to a non-agent third party of Kinsella Media, Kinsella Media will provide Individuals with an opportunity to opt out of such uses or disclosures. Individuals may request to opt out of such uses or disclosures of their Personal Data by sending a request to: privacyshield@rustconsulting.com.

If Sensitive Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a third party, Kinsella Media will obtain the Individual’s explicit consent prior to such use or disclosure.

3. Accountability for Onward Transfer

In the event we transfer Personal Data covered by this Privacy Shield Policy to a third party acting as a controller, we will do so consistent with any notice provided to Individuals and any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Individuals, (ii) provide at least the same level of protection as is required by the Privacy Shield Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If Kinsella Media has knowledge that a third party acting as a controller is processing Personal Data covered by this Privacy Shield Policy in a way that is contrary to the Privacy Shield Principles, Kinsella Media will take reasonable steps to prevent or stop such processing.

With respect to our agents, we will transfer only the Personal Data covered by this Privacy Shield Policy needed for an agent to deliver to Kinsella Media the requested product or service. Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with Kinsella Media’s obligations under the Privacy Shield Principles; and (iv) require the agent to notify Kinsella Media if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.

Kinsella Media will disclose personal information response to lawful requests by public authorities, including to meet national security or law enforcement requirement.

In the context of an onward transfer, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. The Privacy Shield organization shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

Kinsella Media takes reasonable and appropriate measures to protect Personal Data covered by this Privacy Shield Policy from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks applicable to the processing of such Personal Data and the nature of the Personal Data.

5. Data Integrity and Purpose Limitation

Kinsella Media limits the collection and use of Personal Data covered by this Privacy Shield Policy to information that is relevant for the purposes for which it is collected and used, including the performance of services for its customers. Kinsella Media does not use such Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the applicable Individual.

Kinsella Media takes reasonable steps to confirm that Personal Data is accurate, complete, and current and reliable for its intended purposes. Kinsella Media also takes reasonable and appropriate measures to comply with the requirements under the Privacy Shield Principles to limit retention of Personal Data in identifiable form to as long as it is needed for the purpose for which it is collected or used. To the extent the Privacy Principles are applicable to Personal Data it retains, Kinsella Media adheres to the Privacy Shield Principles for as long as it retains such Personal Data.

6. Access

Kinsella Media will take reasonable steps to enable Individuals to correct, amend, or delete Personal Data that is demonstrated to be inaccurate or has been processed in violation of the Privacy Shield Principles. Requests for access, correction, amendment, or deletion should be sent to: privacyshield@rustconsulting.com.

7. Recourse, Enforcement, and Liability

Kinsella Media’s compliance with the Privacy Shield Principles is subject to the investigation and enforcement powers of the Federal Trade Commission.

Kinsella Media commits to resolve complaints about our collection and use of your Personal Data. If you have any questions or complaints regarding this Privacy Shield Policy our use and collection of your Personal Data, please contact Kinsella Media at: privacyshield@rustconsulting.com.

Kinsella Media has further committed to refer unresolved complaints under the Privacy Shield Principles to the EU Data Protection Authorities (DPA). If you submit a complaint but do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.privacyshield.gov/Data-Protection-Authorities for more information and instructions on how to file a complaint with the DPA.

In compliance with the Privacy Shield Principles, Kinsella Media commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Kinsella Media at:

Kinsella Media has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

In certain circumstances, the Privacy Shield Frameworks provide the right to elect binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles in each of the Privacy Shield Frameworks.